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City Council Minutes 07-22-2013MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, July 22, 2013 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — July 8, 2013 Special Meeting TOM PERRAULT MOVED TO ACCEPT JULY 85 2013 SPECIAL MEETING MINUTES AS CORRECTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — July 8, 2013 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE JULY 85 2013 REGULAR MEETING MINUTES AS PRESENTED. BRIAN STUMPF; 5 -0 (check on 2nd by Tom Perrault for BYR) 3. Consideration of adding items to the agenda • VFW Application — add to consent as 5L (Brian Stumpf) 4. Citizen comments, public service announcements, and updates a. Citizen Comments: None b. Public Service Announcements: 1) Movie in the Park (8/10) — Angela Schumann reported that over 800 people attended the movie "Wreck it Ralph" on July 20th. Next movie at Pioneer Park will be on Saturday, August 10th. "Remember the Titans" is being sponsored by Schlenner Wenner & Company. C. Updates: 1) Sheriff's Department — noise ordinance: Deputy Todd Sandin spoke on behalf of the Sheriff's Department in regard to the loud vehicle noises. The Sheriff's Department has stepped up enforcement and has made a number of traffic stops where they have found various violations of state statutes, such as for excessive acceleration, and issued some citations. The County Attorney has been handling these cases. Hwy 25 & Broadway and City Council Minutes —July 22, 2013 Page 1 Hwy 25 & School Boulevard are two areas that especially generate complaints. Deputy Sandin invited Council to contact the Sheriff's Department if they still have concerns. Deputy Sandin stated that the city's noise ordinance doesn't address vehicles so it makes it difficult to issue a citation just based on vehicle noise. He suggested that the city might consider some wording related to compression braking. 5. Consent Agenda: A. Consideration of approving payment of bills for July 22nd. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC and Streets department. C. Consideration of approving application for 1 -day temporary on -sale liquor license for Monticello Rotary Club for Taste of the Town event. Recommendation: Approve application for temporary on -sale liquor license for Taste of the Town event on September 12, 2013 at the Jefferson Commons park and ride lot. D. Consideration of approving a Special Event Permit allowing use of commuter parking lot and related assistance in conjunction with Rotary "Taste of the Town" event on September 12, 2013. Applicant: Monticello Rotary Club. Recommendation: Approve the Special Event Permit allowing temporary use of the Jefferson Commons park and ride lot for set -up and use on September 11 and 12, 2013, including the use of public parking facilities and city services, contingent on the following: 1. Continued site plan coordination with the Street Superintendent 2. Commuter lot closure signage and notification in coordination with the Street Superintendent 3. Notification of affected local businesses by permit holder, including Muller Theatres for use of specified parking area Angela Schumann commented that the Rotary will be setting up in the commuter lot on September 11th for their Taste of the Town event on September 12th. That is included in the Special Event permit. Rotary will work with public works staff on the setup. E. Consideration of adopting Ordinance #580 amending the Monticello Zoning Ordinance, Section 4.3 — Fences and Walls. Applicant: Monticello Planning Commission. Recommendation: Adopt Ordinance #580 amending the Zoning Ordinance, Section 4.3 — Fences and Walls as follows: • Delete Section (D)(1)(a)(ii): City Council Minutes —July 22, 2013 Page 2 • Insert new section (B)(5)(v): (v) Fence and Wall Height on Slopes in Residential Side and Rear Yards Where a fence is constructed of posts and panels down a slope in a side or rear yard of residential property, and the top rail of said fence or wall maintains a horizontal alignment, the height of said fence shall be measured as follows: The maximum fence height identified in the ordinance applicable to said fence shall be measured from existing grade to the top of the fence panel nearest to the uphill post. The height of the top edge of the fence panel may exceed the maximum required height by up to two (2) feet when measured at the downhill post. Any fencing used to enclose the gap below the fence panel shall match the panel in material, color, and style, or may be retaining wall constructed of stone, brick or concrete masonry units designed and sold explicitly for such purpose. F. Consideration of participating with Wright County in updating the multi - jurisdictional All- Hazard Mitigation Plan due in 2014. Recommendation: Approve the Statement of Interest for the city to participate in the Wright County, multi jurisdictional All- Hazard Mitigation Plan update in 2014. G. Consideration of approving proposal from WSB & Associates to prepare the Part 1 amendment of the Monticello Wellhead Protection Plan mandated by the Minnesota Department of Health. Recommendation: Approve contract with WSB & Associates to prepare the Part 1 amendment to the Monticello Wellhead Protection Plan at an estimated cost of $13,850 for WSB services and $10,500 for LBG services. H. Consideration of approving the 2013 individual pension contribution amount for Volunteer Firefighter Relief Association members. Recommendation: Approve the 2013 pension benefit level at $2,850 for the Fire Relief Association members. I. Consideration of authorizing FiberNet to establish multi month service contracts with customers. Recommendation: Authorize FiberNet to establish service contracts with customers. J. Consideration of adopting an amended Social Media policy for the City. Recommendation: Adopt the amended Social Media policy as proposed. K. Consideration of approving a Temporary Use Permit for a helipad site at the CentraCare Health Monticello facility. Applicant: CentraCare Health Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. L. Consideration of approving an application for temporary liquor license for the VFW Club for Surnmerfest event on July 27, 2013. THIS ITEM WAS ADDED TO THE CONSENT AGENDA. Recommendation: Approve application for City Council Minutes —July 22, 2013 Page 3 temporary liquor license for the VFW Club 8731 on July 27, 2013 at the VFW parking lot. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A AND K AND ADDITION OF L. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5A — Consideration of approving payment of bills for July 22nd Lloyd Hilgart asked about the payments for TIF pay -as- you -go interest. Wayne Oberg explained that those are payments entitled to developers for TIF incentives reimbursing them for tax increment to offset what they paid earlier when developing the property. LLOYD HILGART MOVED TO APPROVE PAYMENT OF THE BILL AND PURCHASE CARD REGISTERS FOR A TOTAL OF $1,122,748.22. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 5K— Consideration of approving a Temporary Use Permit for a helipad site at the CentraCare Health Monticello facility. Applicant: CentraCare Health Monticello Torn Perrault had a question related to the request for a helipad site by CentraCare Health Monticello. He was wondering about parking space and concerns about the houses in the area. Mary Lanegran explained that they had realized that one of the houses may be rather close where the decibel noise might be excessive. When the helicopters come in they cut power as soon as they land so there is a limited time when the noise would be excessive. They would be removing 20 parking spaces which are generally never used. Brian Stumpf brought up the problem that could be generated with blowing sand and small pebbles from the helicopter rotors. Mary explained that they are making plans to fill in the surrounding islands with cement and reduce the amount of ground cover that could blow around. They also have brush equipment to clean the area on a regular basis. There was some discussion about the change from the current location, which is no longer allowed. Mary stated that the hospital is in the process of planning for a new site with the most likely being a rooftop helipad. The DOT is concerned about the safety. BRIAN STUMPF MOVED TO APPROVE A TEMPORARY USE PERMIT FOR CENTRACARE HEALTH MONTICELLO FOR A HELIPORT PAD SITE, CONTINGENT ON THE FOLLOWING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. • Notification of adjacent property owners on the hospital's west property line. • Submission of a land use application for amendment to conditional use permit for planned unit development no later than August 13t ", 2013. • Expiration date of October 1St, 2013. City Council Minutes —July 22, 2013 Page 4 7. Consideration of adopting Resolution contract for West 7th Street Extension & related improvements, City Proiect No. 12CO02 Shibani Bisson provided a presentation about the West 7t" Street extension project. The base bid includes the extension of West 7th Street from Elm Street to Minnesota Street, utilities, ponding, pathway, and sidewalk. The 7t' Street mill and overlay alternate #1 includes an underlying chip seal, which is a new process MnDOT has tested that has resulted in the delay of reflective cracking that could extend the life span of the road. Staff feels 7t" Street is a good candidate to test the underlying chip seal and will assist staff in determining if there are long term costs savings for roadway maintenance using this process. The existing 7t1i Street was constructed in 1979 and has had 2 chip seals. Staff has inspected and rated the roadway and is in need of a mill and overlay in the next 3 -5 years. It is recommended to complete the underseal and mill and overlay with the project in 2014 as it would complete the improvements along the western segment of the 7th Street corridor. The Elm Street alternate #2 will pave the existing 24 -feet width of Elm Street south of 7t" Street including a turnaround at the terminus by I -94. Shibani Bisson talked about the bid results and noted that the low bid varies between two contractors depending on the alternates that might be selected. Kuechle Underground was the overall low bidder on the base bid plus both alternates. Northwest Asphalt was the lower bidder for the base bid plus the Elm Street paving (alternate 2). Shibani reviewed the funding scenario which is covered by assessments ($894,300) and city funds ($560,300) for a total of $1,454,600. The city share includes approximately $633,000 in state aid funds. $455,000 in approved TIF funds are to be used to recover initial assessment expenditures. Shibani Bisson reviewed the proposed schedule for the project which would start with the contract award tonight and final completion by next June 30, 2014. An assessment hearing is anticipated to be held on October 28, 2013. Shibani Bisson pointed out that city staff wrote two alternative actions with Alternative #1 approving the base bid plus both alternates and Alternative #2 approving the base bid and the Elm Street paving. Brian Stumpf commented about the significant amount of state aid that the city would receive for the project. Shibani Bisson confirmed that the state would be providing a substantial amount toward this project. Glen Posusta stated that he feels the mill and overlay should be delayed at this time as there are a lot of other roads in worse shape. Tom Perrault asked Shibani Bisson if she could offer an estimate on how much it would cost to do the mill and overlay at another time. Shibani Bisson said it's hard to say if there would be much of a difference and it would depend on if it could be combined with a larger project, the price of oil, and other factors. Brian Stumpf felt it would be worthwhile to do it at this time and he feels there could be interest generated in Outlot A of Country Club Manor with this whole project. City Council Minutes —July 22, 2013 Page 5 Tom Perrault asked when something would be done to the new road that might correlate with a mill and overlay on the old road. Shibani Bisson explained that crackfilling would be done on the new road in about three years, but sealcoating would not be done until five to seven years after the project is completed. Shibani did not recommend waiting that long for a mill and overlay on the older section. Clint Herbst stated that he feels it would be beneficial to do the project at this time and that the bid for the mill & overlay is very good. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -056 ACCEPTING THE BIDS AND AWARDING THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, KUECHLE UNDERGROUND IN THE AMOUNT OF $99801.00 FOR THE WEST 7TH STREET EXTENSION PLUS MILL AND OVERLAY OF 7TH STREET WEST OF ELM STREET (ALTERNATE #1) AND PAVING OF ELM STREET SOUTH OF 7' STREET (ALTERNATE #2). LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION. 8. Consideration of adopting Resolution #2013 -057 accepting proposal and awarding a contract in conjunction with the West 7th Street Extension for 2013 Street Lighting Improvements, City Project No. 12CO02- LLIGHT Bob Paschke introduced this item for consideration of approving installation of street lights in conjunction with the W 7th St extension. Bob Paschke noted that the feasibility study for the project included the street lighting as a separately bid item. Wright Hennepin and Xcel Energy are the two companies that have the ability to construct street lighting improvements in this area. Only WHE provides maintenance services for the LED lights. The city received a bid from WH Services for construction and maintenance of LED street lights. Clint Herbst recommended that the city consider providing maintenance of the street lights at some point, noting that there is a cancellation clause in the maintenance contract. Bob Paschke commented that maintenance has been very minimal on LED lights so far. Tom Moores spoke briefly about the ability for city staff to take over the maintenance contracts and they are hoping that will work out in the near future. Tom Moores stated that the LED lights are a very good option. Tom Perrault asked how much it would cost to do the lighting later on after the street construction is completed. Bob Paschke noted that there are contingencies built into the contract for landscaping done with the project. Glen Posusta stated that it would be better to do the lighting with the rest of the project so that the wiring, conduits, and landscaping can be coordinated with the street extension project. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -057 ACCEPTING PROPOSAL AND AWARDING A CONTRACT TO WRIGHT- HENNEPIN SERVICES IN THE AMOUNT OF $90,400 PLUS MONTHLY MAINTENANCE COSTS OF $119.75 FOR THE 2013 STREET LIGHTING IMPROVEMENTS, CITY PROJECT NO. 12C002- LLIGHT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes —July 22, 2013 Page 6 9. Consideration of authorizing expenditures relating to site planning, design and regulatory application preparation supporting potential development of a city - operated communications tower at the Public Works garage property (the site), City Project No. ZTOWER Jeff O'Neill noted that Mark Pultusker is watching the Council meeting from Cleveland and is available by phone if there are questions. Jeff O'Neill asked the Council to consider authorizing additional funds to explore site planning, design and regulatory applications for a potential communications tower. He pointed out that the quote comes from Ultieg who specializes in this type of work. Glen Posusta asked why the city would want to build a tower when the cell phone companies seem to be building them all over. Jeff O'Neill explained that the city would have jurisdiction over leases and city use of the tower. Clint Herbst said it may make sense for the city to invest in the tower if they can find several companies that would want to lease. Brian Stumpf stated that he was not in favor of the site at public works. When a new public works facility is built, he feels it would impact the ability to sell that site to a developer. Clint Herbst commented that the city is in the telecommunications business and it snakes sense to look into a tower. Glen Posusta said he does not like the idea of putting money into a feasibility study to determine whether this project is worthwhile. He would rather move ahead with the project if it is going to produce revenue for FiberNet. Brian Stumpf asked if the Public Works triangle was the only site that was looked at. Clint Herbst and Glen Posusta explained that there were other sites reviewed but eliminated because they did not fit the footprint that Verizon was looking for. Jeff O'Neill confirmed that the Public Works site falls within the parameters that Verizon is looking for. Tom Perrault asked about using the Jefferson Commons water tower for mounting cell phone equipment. Glen Posusta explained that did not work out with Verizon's needs. Bret Weiss talked briefly about the items on the list, from Ultieg to be done as part of the study. He pointed out that a number of the items would be needed as part of the project so the funding of the study would also cover some of the project costs should the city decide to move ahead once the initial study items are completed. Bret Weiss suggested that the city could possibly make a few adjustments to lower the cost. Mark Pultusker called into the meeting and explained that the city wants to sign a lease with Verizon for use of the tower. However, Verizon prefers to sign a lease only if the city guarantees there will be a tower built. The city needs to do this preliminary study to know whether they can actually build a tower on this site. Mark Pultusker also pointed out that city would gain use of the tower for its own use. Mark Pultusker talked briefly about the schedule for the study process which also includes planning commission review. Some of the funds would only be spent contingent on planning commission action. The total proposal totals $30,000 and staff is asking for council to approve up to $20,000 for services in the feasibility phase including site visit, zoning drawings, soil City Council Minutes -July 22, 2013 Page 7 testing and geotechnical survey, NEPA and Phase I environmental studies, tower specifications, and foundation design. Lloyd Hilgart stated that he is not in favor of this project without knowing more about potential revenue and costs. Torn Perrault noted that he does not really care for the site location at public works. Jeff O'Neill mentioned that the city is trying to get the project done during this building season in order to benefit both Verizon and the city. If the city does not build the tower, it is possible that Verizon would construct a tower somewhere in the area. Clint Herbst noted that some possibilities open up for the city if they would construct this tower to provide new infrastructure that could be leased to multiple parties. Jeff O'Neill added that this could be a revenue generator for the EDA, if they wished to help finance the tower. Glen Posusta asked about the life of a tower like this. Clint Herbst said that Verizon would like to start out with a 15 year lease. Clint Herbst also noted that the tower on the Monte Club hill has been there for many years. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 AUTHORIZING FUNDING OF COSTS TO STUDY THE FEASIBILITY OF THE COMMUNICATIONS TOWER PROJECT AT AN ESTIMATED COST OF $20,000.00 CLINT HERBST SECONDED THE MOTION. MOTION FAILED 2 -3 WITH TOM PERRAULT, LLOYD HILGART AND BRIAN STUMPF VOTING IN OPPOSITION. BRIAN STUMPF MOVED TO DIRECT STAFF TO BRING THIS TOPIC BACK WITH MORE INFORMATION ABOUT POTENTIAL REVENUES AND COSTS AND TO REVIEW OTHER POSSIBLE SITES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH LLOYD HILGART VOTING IN OPPOSITION. 10. Added items • Angela Schumann introduced Rachel Leonard, communications intern. 11. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:20 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman &W Approved: August 12, 2013 r Attest: C' y inistrator City Council Minutes —July 22, 2013 Page 8